brownfield cleanup program

City officials have been keeping a close eye on the Bank Street property once owned and operated by Batavia Iron and Metal Company, and in more recent months, where the grounds have been the target of remediation work by the state Department of Environmental Conservation.

Although the City of Batavia no longer owns the property and will likely move to foreclose on it and devise a re-use strategy, City Manager Rachael Tabelski said she is pleased with all that has taken place there since the DEC has claimed it as a Superfund site for brownfield cleanup.

“Re-use of the site will be dependent on the level of clean-up.  If the site has been cleaned to unrestricted, residential and/or commercial activities would be allowed there,” Tabelski said.  “The work the DEC has done at this parcel is truly amazing, and on behalf of the City, I would like to thank the members of the site cleanup team, from the engineers, construction, monitors, trucking, etc. and DEC for the leadership and prioritizing community health. Any time a brownfield site in our city is cleaned up, either by the DEC or a private developer, it is an accomplishment we should celebrate.”

The city threw that celebration online recently with some photos of the work-in-progress at the site that sits between Dwyer Stadium and private homeowners.

Photos from City of Batavia online post

Back then
After nearly 50 years operating as a metal recycling business and then sitting defunct for another dozen or so years next to Dwyer Stadium, Batavia Iron and Metal has been on a slow track for cleanup, and the next phase to get it back on the tax rolls began more than a year ago, Jeff Wernick of New York State Department of Environmental Conservation said previously.

DEC put out a call for bids to conduct remediation of approximately 50,000 tons of PCB-impacted soil for off-site disposal, backfill and restoration, Wernick said in response to The Batavian’s inquiries in 2022.

“DEC received four viable bids,” Wernick said. "The bids are associated with the remediation efforts under the State Superfund program. Work is being performed under a self-implementation agreement with the United States Environmental Protection Agency. DEC’s role for future use is limited to the completion of the cleanup activities and the release of the remediated site for residential or commercial use in accordance with local zoning ordinances.”

The winning bid award is expected in the fall, with work to start in the spring of 2023, he said. The scope of work is estimated to cost $15 million to $20 million. Remedial activities include the removal of PCB-contaminated soil, temporary water treatment, backfill, and restoration, including the transport and disposal of non-hazardous and hazardous soils. 

The site at 301 Bank St., Batavia, earned special attention from the Department of Environmental Conservation more than a dozen years after it went defunct and was abandoned. Cleanups had been initiated for neighboring properties and the business site from 2013 to 2018.

And now
Since then, DEC has been overseeing the comprehensive cleanup that, once complete, “will be fully protective of public health and the environment,” DEC Assistant Public Information Officer Denis Slattery said Friday. “Remedial work at the site is moving forward as scheduled with the transport and disposal of 65,000 tons of impacted soil and debris to off-site permitted facilities, as well as backfilling, and restoration of wetland areas. 

“Areas suitable for fall planting and seeding will be restored before work shuts down for the winter in December,” he said. “Site activity will resume in the spring with the restoration of paved areas and permanent fencing.”

Work is projected to be completed by summer 2024, he said. The site is anticipated to be restored for commercial use under an easement in accordance with local zoning laws. 

“DEC will continue to coordinate with the city as the project moves toward completion,” Slattery said.  

A DEC fact sheet from 2018 states that, based on the April 2013 Record of Decision, the cleanup included removal of contaminated soil and debris and from on-site and parcels located near the former facility. The Site operated as a metal recycling facility from 1951 to 1999.

Batavia Iron and Metal aftermath
Batavia Iron and Metal also purchased and handled electrical transformers on the property. Two furnaces operated at the facility from the early 1970s until 1994 for the purpose of reclaiming wire and smelting white metals. Prior to the use of the furnaces, the facility utilized open burning in Dumpsters in the yard to remove insulation from the wiring.

DEC took charge of designing and implementing this cleanup to remove the contaminants that have migrated from the site onto City property, the Fact Sheet states. As part of the remedy, the installation of sub-slab depressurization systems at three residences near the site was completed in 2013. In addition, a cleanup involving soil removal at three residences was completed in 2014.

Further work included soil removal and restoration activities along the rear property boundary of 299 Bank Street and 301 Bank Street. The goal of the cleanup effort was “to ensure the effective removal and proper disposal of contaminated soil and to restore the property with clean soil.” At least one neighbor — who lives next door to the defunct business — had complained about potential health issues from toxins leaching into his water system and how his trees would not grow in the contaminated soil.

Work done in 2017 was performed by Nature’s Way Environmental of Alden, with oversight and inspection provided by DEC. Soil identified for remediation was to be excavated and disposed of off-site. All areas that were disturbed during the removal were also to be restored, and the same for any City of Batavia-owned roads, utilities, or other infrastructure impacted by the cleanup activities.

DEC and the New York State Department of Health approved a Community Air Monitoring Plan that required continuous air monitoring during all excavation and backfilling activities to ensure no additional contamination was released to the environment or adjacent properties during the cleanup.

The project is being funded and conducted pursuant to terms of the State Superfund program, intended for “Brownfield” areas that are contaminated with toxic waste and in need of remediation for safe future use.

A city site known for the creation of collectible woven baskets, novelties and other manufacturing purposes will soon be a scene of environmental cleanup at the edge of Batavia.

Basket Place LLC, at 22 Clinton St., is 22.9 acres and is bordered to the north by Clinton Street (Route 33), to the south by the Erie Railroad, and to the east and west by residences. Properties south of the Erie Railroad are commercial/light industrial in nature, with some residences intermixed, according to a state Department of Environmental Conservation Fact Sheet.

The site was used to manufacture agricultural and highway equipment from the mid-1920s until the early 1990s. The current owner operates a warehousing facility for baskets and novelty items. Beginning in the late 1980s and continuing into the mid-1990s, the United States Environmental Protection Agency (USEPA) and the NYSDEC evaluated the site.

In the late 1990s, the previous site owner, O&K Orenstein & Koppel, Inc., conducted additional investigations after the site was sold to Basket Place, LLC. The on-site and off-site remedial investigations began in 2003 when CNH Industrial Baumaschinen GmbH entered into a Voluntary Cleanup Agreement (VCA). However, the Voluntary Cleanup Program was terminated by the NYSDEC in 2018.

The cleanup activities will be performed by CNH Industrial Baumaschinen GmbH with oversight provided by the state DEC, which has determined that the Remedial Action Work Plan submitted by GHD Consulting Services, Inc. on behalf of CNH, protects public health and the environment and has approved the plan.

Remedial activities are expected to begin in May 2023 and last about five months.

The goal of the cleanup action for the site is to achieve cleanup levels that protect public health and the environment. The key components of the remedy are:

• Excavation and off-site disposal of contaminated surface soil across the Site.
• Treating contaminated soil and groundwater through soil mixing with injection of In-Situ (i.e., in place) Chemical Reduction.
• Bioremediation injection into the groundwater as a barrier to treat and prevent further off-site migration of groundwater contamination.
• Collecting and analyzing post-remedial soil and groundwater samples to evaluate the effectiveness of the remedy.
• Importing or reuse of clean material that meets the established Soil Cleanup Objectives for use as a cover system.  Placement of a cover system, including a demarcation layer over areas of spot excavations to address contamination remaining above commercial use soil cleanup objectives.
• Restoring the site cover where it is compromised, or placement of a 1-foot clean soil cover.

New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. The city of Batavia and Batavia Development Corporation have Brownfield programs for remediation and redevelopment of properties, such as the former Della Penna property on Ellicott Street, and the Creek Park property behind the ice arena.

These uses include recreation, housing, business or other purposes. A brownfield site is any real property where a contaminant is present at levels exceeding the soil cleanup objectives or other health-based or environmental standards, criteria or guidance adopted by DEC that are applicable based on the reasonably anticipated use of the property, in accordance with applicable regulations, the Fact Sheet states.

Action on the privately owned Basket Place parcel is to begin in May, and that will address contamination related to the otherwise known "Ex-Eaton Site" located at 22-40 Clinton St., Batavia. Refer to the green outline in the image above.

A site-specific health and safety plan and a Community Air Monitoring Plan will be implemented during remediation activities. These plans establish procedures to protect on-site workers and residents and include required air monitoring as well as dust and odor suppression measures.

Next Steps
After the applicant completes the cleanup activities, they will prepare a Final Engineering Report and submit it to NYSDEC. This report will describe the cleanup activities completed and certify that cleanup requirements have been achieved or will be achieved.

When state DEC is satisfied that cleanup requirements have been achieved or will be achieved for the site, it will approve the Final Engineering Report. DEC will then issue a Certificate of Completion to the applicant. The applicant would be able to redevelop the site in conjunction with receiving a Certificate of Completion. In addition, the applicant would be eligible for tax credits to offset the costs of performing cleanup activities and for the redevelopment of the site.

DEC will also issue a fact sheet that describes the content of the Final Engineering Report and identify any institutional controls (for example, environmental easements) or engineering controls (for example, a site cover) necessary at the site in relation to the issuance of the Certificate of Completion, the agency stated.

In 2019, remedial investigations continued at this site under the Brownfield Cleanup Program. Additional site details, including environmental and health assessment summaries, are available on NYSDEC's Environmental Site Remediation Database (by entering the site ID, C819022) HERE. 

Meanwhile, cleanup efforts have been scheduled to resume this spring at the defunct Batavia Iron and Metal on Bank Street. 

To learn more, go to the Brownfield Cleanup Program

Image of map from NYSDEC.